The Cowes Harbour Revision Order 1989

Further protection of gas undertakers

8.—(1) For the protection of the gas undertakers the following provisions of this article shall, unless otherwise agreed in writing between the Commissioners and the gas undertakers, apply and have effect.

(2) Subject to paragraph (4) below, before granting a works licence or a dredging licence, the Commissioners shall in any case where the proposed works or dredging would be at, over, under or near to any gas work situated on or under tidal waters or tidal lands below the level of high water in the harbour or in such a position as to be likely to affect or endanger any such work, or in any case where reasonably so requested by the gas undertakers, submit to the gas undertakers concerned detailed particulars of the proposed works or dredging, as the case may be, and furnish them with such further particulars with respect thereto as the gas undertakers may reasonably require, and such licence shall only be granted subject to such conditions as may be reasonably necessary to safeguard the gas work including, without prejudice to the generality of the foregoing, conditions empowering the gas undertakers from time to time to inspect the works or dredging to which the licence relates and to take any steps necessary to prevent damage to the gas work or to ensure that the gas work can operate efficiently and to recover from the holder of the licence the reasonable cost of any works carried out by the gas undertakers for those purposes.

(3) Subject to paragraph (4) below, if in any case any difference arises between the Commissioners and the gas undertakers with respect to the particulars required to be furnished to the gas undertakers by the Commissioners or with respect to the conditions which the gas undertakers require to be attached to a works licence or a dredging licence, such difference shall be determined by a single arbitrator to be agreed between the Commissioners and the gas undertakers concerned or in default of agreement to be appointed on the application of either party after notice in writing to the other party by the President of the Institution of Civil Engineers.

(4) Paragraphs (2) and (3) above do not apply where the licence in question is to be granted in accordance with article 7(5) of this Order.

(5) If within three weeks of the receipt by the gas undertakers from the Commissioners of the particulars of any proposed works or dredging the gas undertakers do not require any further particulars to be furnished or in any case where further particulars are required, within two weeks of the receipt thereof by the gas undertakers, the gas undertakers do not intimate that they require conditions to be attached to the licence for such works or dredging, the gas undertakers shall be deemed to have acquiesced in the granting thereof.

(6) Upon the grant of any works licence or dredging licence the Commissioners shall supply to the gas undertakers a copy of the licence and any conditions subject to which it is granted.